CAN CREDITOR HAVE IRREFUTABLE RIGHT TO DETERMINE HOW MUCH YOU OWE?
Nedbank Limited v McGlashan and Others (14714/2016)  ZAGPJHC 231
(4 August 2016)
Courts and law offices may appear intimidating to outsiders, but it is exactly in these so-called lofty towers where practical legal reasoning takes place, resulting in judicial principles to the benefit of the man in the street. The present matter is a case in point, where a bank fails in its legal pursuit against sureties because its documentation provided that the bank shall certify what the outstanding amount under the credit facility is and that this determination could not be challenged by a defendant. This was contra bones mores (contrary to good morals), the court concluded, and the provision was accordingly void.
SECTIONAL TITLES SCHEMES MANAGEMENT ABOUT TO CHANGE
After much anticipation, it has now been confirmed that the Sectional Titles Schemes Management Act and the Community Schemes Ombud Service Act will come into operation on 1 October 2016.
The two Acts introduce significant changes to the law relating to sectional titles schemes management, and brings the office of the Community Schemes Ombud fully into operation.
The Regulations will only be published on Friday 30 September 2016.